Summary

Amends: the Criminal Code Act 1995 to: remove the existing offence relating to the unauthorised disclosure of information by certain Commonwealth officers and replace it with a new offence prohibiting the improper use or communication of information by certain Commonwealth officers when done with the intention of obtaining a benefit or causing detriment to a Commonwealth entity or other person; and require the Attorney-General’s consent to prosecute journalists or certain other persons for secrecy offences unless otherwise prescribed by regulations; 12 Acts to make consequential amendments; 17 Acts and 5 regulations to remove certain secrecy offences and non-disclosure duties and remove criminal liability from secrecy offences, effectively converting those offences into non-disclosure duties without criminal liability; the Criminal Code Act 1995, Foreign Influence Transparency Scheme Act 2018 and Intelligence Services Act 2001 to ensure that secrecy offences are proportionate and consistent with the rule of law, clarify the scope of existing offences and limit their application to non-officials; and the Business Names Registration Act 2011 and Criminal Code Act 1995 to make minor and technical amendments to secrecy provisions.